If you've been awarded workers' comp benefits (or settled a workers' comp claim), and your injuries have since gotten worse, you might be entitled to additional benefits.
Here's what you need to know about reopening a workers' comp claim if your illness or injury has worsened.
Most states allow injured workers to reopen their claims if there's medical evidence that their injuries have gotten significantly worse (and there was no other injury or other intervening cause).
Each state has its own time limits and other restrictions on reopening a claim. (See our article on reopening a closed workers' comp case for more details.)
A few years ago, Jason was working in a shipping warehouse when a coworker caused a heavy box to fall on him. Jason had some pretty severe back pain and received treatment for about a year, mostly injections and physical therapy. At the time, his doctor said that he wasn't a candidate for surgery, so he settled his workers' compensation case.
But in the last few months Jason's back pain has gotten much worse. He saw his doctor, who thinks the pain is due to his work injury. Now, his doctor recommends surgery. Can he get compensated through workers' comp?
Depending on the wording and terms of his workers' comp settlement, Jason may be able to get reimbursed for the cost of the surgery and other necessary treatment.
If the settlement specified that he would be compensated for future medical expenses, he can submit his bill for surgery or other medical treatment for reimbursement. But he'll need to reopen your workers' comp case if he wants to get temporary disability or permanent disability benefits in addition to the medical costs.
Unless your state has a law making it illegal for workers to waive their right to future medical care, you probably would have to prove fraud to get around the release; that is, you'd have to show that your employer or the insurance company intentionally misrepresented the terms of the settlement.
Because it can be difficult or impossible to reopen a closed claim, injured workers should think carefully before accepting any type of settlement.
Of course, if your worsening condition qualifies as a "new" injury, you can file a new workers' compensation claim. To qualify, there would have to be some type of incident or other working conditions that caused the new injury—for instance, if your current work duties exacerbated a pre-existing back condition.
It can be difficult to tell whether an injury is new or not. Also, the rules for reopening claims after a settlement will depend on state law and the specific terms of your agreement. So you should consult with an experienced workers' comp attorney if you want to reopen your case or file a new claim.